Illinois 2023-2024 Regular Session

Illinois House Bill HB5410 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5410 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 Amends the Illinois Act on the Aging. In provisions concerning the Long Term Care Ombudsman Program, requires each long term care facility, supportive living facility, assisted living establishment, shared housing establishment, and State-operated developmental center to display, in multiple, conspicuous public places within the facility accessible to both visitors and residents and in an easily readable format, the address and statewide toll-free telephone number (rather than phone number) of the Long Term Care Ombudsman Program and the Internet web address of the Long Term Care Ombudsman Program's website. Requires each long term care facility, supportive living facility, assisted living establishment, shared housing establishment, and State-operated developmental center to post on the home page of the facility's website the statewide toll-free telephone number of the Long Term Care Ombudsman Program and a link to the Long Term Care Ombudsman Program's website. LRB103 36644 KTG 66753 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5410 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 20 ILCS 105/4.04 from Ch. 23, par. 6104.04 Amends the Illinois Act on the Aging. In provisions concerning the Long Term Care Ombudsman Program, requires each long term care facility, supportive living facility, assisted living establishment, shared housing establishment, and State-operated developmental center to display, in multiple, conspicuous public places within the facility accessible to both visitors and residents and in an easily readable format, the address and statewide toll-free telephone number (rather than phone number) of the Long Term Care Ombudsman Program and the Internet web address of the Long Term Care Ombudsman Program's website. Requires each long term care facility, supportive living facility, assisted living establishment, shared housing establishment, and State-operated developmental center to post on the home page of the facility's website the statewide toll-free telephone number of the Long Term Care Ombudsman Program and a link to the Long Term Care Ombudsman Program's website. LRB103 36644 KTG 66753 b LRB103 36644 KTG 66753 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5410 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 105/4.04 from Ch. 23, par. 6104.04 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
4	4	20 ILCS 105/4.04 from Ch. 23, par. 6104.04
5	5	Amends the Illinois Act on the Aging. In provisions concerning the Long Term Care Ombudsman Program, requires each long term care facility, supportive living facility, assisted living establishment, shared housing establishment, and State-operated developmental center to display, in multiple, conspicuous public places within the facility accessible to both visitors and residents and in an easily readable format, the address and statewide toll-free telephone number (rather than phone number) of the Long Term Care Ombudsman Program and the Internet web address of the Long Term Care Ombudsman Program's website. Requires each long term care facility, supportive living facility, assisted living establishment, shared housing establishment, and State-operated developmental center to post on the home page of the facility's website the statewide toll-free telephone number of the Long Term Care Ombudsman Program and a link to the Long Term Care Ombudsman Program's website.
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11	11	1 AN ACT concerning State government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Act on the Aging is amended by
15	15	5 changing Section 4.04 as follows:
16	16	6 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
17	17	7 Sec. 4.04. Long Term Care Ombudsman Program. The purpose
18	18	8 of the Long Term Care Ombudsman Program is to ensure that older
19	19	9 persons and persons with disabilities receive quality
20	20	10 services. This is accomplished by providing advocacy services
21	21	11 for residents of long term care facilities and participants
22	22	12 receiving home care and community-based care. Managed care is
23	23	13 increasingly becoming the vehicle for delivering health and
24	24	14 long-term services and supports to seniors and persons with
25	25	15 disabilities, including dual eligible participants. The
26	26	16 additional ombudsman authority will allow advocacy services to
27	27	17 be provided to Illinois participants for the first time and
28	28	18 will produce a cost savings for the State of Illinois by
29	29	19 supporting the rebalancing efforts of the Patient Protection
30	30	20 and Affordable Care Act.
31	31	21 (a) Long Term Care Ombudsman Program. The Department shall
32	32	22 establish a Long Term Care Ombudsman Program, through the
33	33	23 Office of State Long Term Care Ombudsman ("the Office"), in
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5410 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
38	38	20 ILCS 105/4.04 from Ch. 23, par. 6104.04 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
39	39	20 ILCS 105/4.04 from Ch. 23, par. 6104.04
40	40	Amends the Illinois Act on the Aging. In provisions concerning the Long Term Care Ombudsman Program, requires each long term care facility, supportive living facility, assisted living establishment, shared housing establishment, and State-operated developmental center to display, in multiple, conspicuous public places within the facility accessible to both visitors and residents and in an easily readable format, the address and statewide toll-free telephone number (rather than phone number) of the Long Term Care Ombudsman Program and the Internet web address of the Long Term Care Ombudsman Program's website. Requires each long term care facility, supportive living facility, assisted living establishment, shared housing establishment, and State-operated developmental center to post on the home page of the facility's website the statewide toll-free telephone number of the Long Term Care Ombudsman Program and a link to the Long Term Care Ombudsman Program's website.
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68	68	1 accordance with the provisions of the Older Americans Act of
69	69	2 1965, as now or hereafter amended. The Long Term Care
70	70	3 Ombudsman Program is authorized, subject to sufficient
71	71	4 appropriations, to advocate on behalf of older persons and
72	72	5 persons with disabilities residing in their own homes or
73	73	6 community-based settings, relating to matters which may
74	74	7 adversely affect the health, safety, welfare, or rights of
75	75	8 such individuals.
76	76	9 (b) Definitions. As used in this Section, unless the
77	77	10 context requires otherwise:
78	78	11 (1) "Access" means the right to:
79	79	12 (i) Enter any long term care facility or assisted
80	80	13 living or shared housing establishment or supportive
81	81	14 living facility;
82	82	15 (ii) Communicate privately and without restriction
83	83	16 with any resident, regardless of age, who consents to
84	84	17 the communication;
85	85	18 (iii) Seek consent to communicate privately and
86	86	19 without restriction with any participant or resident,
87	87	20 regardless of age;
88	88	21 (iv) Inspect and copy the clinical and other
89	89	22 records of a participant or resident, regardless of
90	90	23 age, with the express written consent of the
91	91	24 participant or resident;
92	92	25 (v) Observe all areas of the long term care
93	93	26 facility or supportive living facilities, assisted
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104	104	1 living or shared housing establishment except the
105	105	2 living area of any resident who protests the
106	106	3 observation; and
107	107	4 (vi) Subject to permission of the participant or
108	108	5 resident requesting services or his or her
109	109	6 representative, enter a home or community-based
110	110	7 setting.
111	111	8 (2) "Long Term Care Facility" means (i) any facility
112	112	9 as defined by Section 1-113 of the Nursing Home Care Act,
113	113	10 as now or hereafter amended; (ii) any skilled nursing
114	114	11 facility or a nursing facility which meets the
115	115	12 requirements of Section 1819(a), (b), (c), and (d) or
116	116	13 Section 1919(a), (b), (c), and (d) of the Social Security
117	117	14 Act, as now or hereafter amended (42 U.S.C. 1395i-3(a),
118	118	15 (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and
119	119	16 (d)); (iii) any facility as defined by Section 1-113 of
120	120	17 the ID/DD Community Care Act, as now or hereafter amended;
121	121	18 (iv) any facility as defined by Section 1-113 of MC/DD
122	122	19 Act, as now or hereafter amended; and (v) any facility
123	123	20 licensed under Section 4-105 or 4-201 of the Specialized
124	124	21 Mental Health Rehabilitation Act of 2013, as now or
125	125	22 hereafter amended.
126	126	23 (2.5) "Assisted living establishment" and "shared
127	127	24 housing establishment" have the meanings given those terms
128	128	25 in Section 10 of the Assisted Living and Shared Housing
129	129	26 Act.
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140	140	1 (2.7) "Supportive living facility" means a facility
141	141	2 established under Section 5-5.01a of the Illinois Public
142	142	3 Aid Code.
143	143	4 (2.8) "Community-based setting" means any place of
144	144	5 abode other than an individual's private home.
145	145	6 (3) "State Long Term Care Ombudsman" means any person
146	146	7 employed by the Department to fulfill the requirements of
147	147	8 the Office of State Long Term Care Ombudsman as required
148	148	9 under the Older Americans Act of 1965, as now or hereafter
149	149	10 amended, and Departmental policy.
150	150	11 (3.1) "Ombudsman" means any designated representative
151	151	12 of the State Long Term Care Ombudsman Program; provided
152	152	13 that the representative, whether he is paid for or
153	153	14 volunteers his ombudsman services, shall be qualified and
154	154	15 designated by the Office to perform the duties of an
155	155	16 ombudsman as specified by the Department in rules and in
156	156	17 accordance with the provisions of the Older Americans Act
157	157	18 of 1965, as now or hereafter amended.
158	158	19 (4) "Participant" means an older person aged 60 or
159	159	20 over or an adult with a disability aged 18 through 59 who
160	160	21 is eligible for services under any of the following:
161	161	22 (i) A medical assistance waiver administered by
162	162	23 the State.
163	163	24 (ii) A managed care organization providing care
164	164	25 coordination and other services to seniors and persons
165	165	26 with disabilities.
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176	176	1 (5) "Resident" means an older person aged 60 or over
177	177	2 or an adult with a disability aged 18 through 59 who
178	178	3 resides in a long-term care facility.
179	179	4 (c) Ombudsman; rules. The Office of State Long Term Care
180	180	5 Ombudsman shall be composed of at least one full-time
181	181	6 ombudsman and shall include a system of designated regional
182	182	7 long term care ombudsman programs. Each regional program shall
183	183	8 be designated by the State Long Term Care Ombudsman as a
184	184	9 subdivision of the Office and any representative of a regional
185	185	10 program shall be treated as a representative of the Office.
186	186	11 The Department, in consultation with the Office, shall
187	187	12 promulgate administrative rules in accordance with the
188	188	13 provisions of the Older Americans Act of 1965, as now or
189	189	14 hereafter amended, to establish the responsibilities of the
190	190	15 Department and the Office of State Long Term Care Ombudsman
191	191	16 and the designated regional Ombudsman programs. The
192	192	17 administrative rules shall include the responsibility of the
193	193	18 Office and designated regional programs to investigate and
194	194	19 resolve complaints made by or on behalf of residents of long
195	195	20 term care facilities, supportive living facilities, and
196	196	21 assisted living and shared housing establishments, and
197	197	22 participants residing in their own homes or community-based
198	198	23 settings, including the option to serve residents and
199	199	24 participants under the age of 60, relating to actions,
200	200	25 inaction, or decisions of providers, or their representatives,
201	201	26 of such facilities and establishments, of public agencies, or
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212	212	1 of social services agencies, which may adversely affect the
213	213	2 health, safety, welfare, or rights of such residents and
214	214	3 participants. The Office and designated regional programs may
215	215	4 represent all residents and participants, but are not required
216	216	5 by this Act to represent persons under 60 years of age, except
217	217	6 to the extent required by federal law. When necessary and
218	218	7 appropriate, representatives of the Office shall refer
219	219	8 complaints to the appropriate regulatory State agency. The
220	220	9 Department, in consultation with the Office, shall cooperate
221	221	10 with the Department of Human Services and other State agencies
222	222	11 in providing information and training to designated regional
223	223	12 long term care ombudsman programs about the appropriate
224	224	13 assessment and treatment (including information about
225	225	14 appropriate supportive services, treatment options, and
226	226	15 assessment of rehabilitation potential) of the participants
227	227	16 they serve.
228	228	17 The State Long Term Care Ombudsman and all other
229	229	18 ombudsmen, as defined in paragraph (3.1) of subsection (b)
230	230	19 must submit to background checks under the Health Care Worker
231	231	20 Background Check Act and receive training, as prescribed by
232	232	21 the Illinois Department on Aging, before visiting facilities,
233	233	22 private homes, or community-based settings. The training must
234	234	23 include information specific to assisted living
235	235	24 establishments, supportive living facilities, shared housing
236	236	25 establishments, private homes, and community-based settings
237	237	26 and to the rights of residents and participants guaranteed
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248	248	1 under the corresponding Acts and administrative rules.
249	249	2 (c-5) Consumer Choice Information Reports. The Office
250	250	3 shall:
251	251	4 (1) In collaboration with the Attorney General, create
252	252	5 a Consumer Choice Information Report form to be completed
253	253	6 by all licensed long term care facilities to aid
254	254	7 Illinoisans and their families in making informed choices
255	255	8 about long term care. The Office shall create a Consumer
256	256	9 Choice Information Report for each type of licensed long
257	257	10 term care facility. The Office shall collaborate with the
258	258	11 Attorney General and the Department of Human Services to
259	259	12 create a Consumer Choice Information Report form for
260	260	13 facilities licensed under the ID/DD Community Care Act or
261	261	14 the MC/DD Act.
262	262	15 (2) Develop a database of Consumer Choice Information
263	263	16 Reports completed by licensed long term care facilities
264	264	17 that includes information in the following consumer
265	265	18 categories:
266	266	19 (A) Medical Care, Services, and Treatment.
267	267	20 (B) Special Services and Amenities.
268	268	21 (C) Staffing.
269	269	22 (D) Facility Statistics and Resident Demographics.
270	270	23 (E) Ownership and Administration.
271	271	24 (F) Safety and Security.
272	272	25 (G) Meals and Nutrition.
273	273	26 (H) Rooms, Furnishings, and Equipment.
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284	284	1 (I) Family, Volunteer, and Visitation Provisions.
285	285	2 (3) Make this information accessible to the public,
286	286	3 including on the Internet by means of a hyperlink on the
287	287	4 Office's World Wide Web home page. Information about
288	288	5 facilities licensed under the ID/DD Community Care Act or
289	289	6 the MC/DD Act shall be made accessible to the public by the
290	290	7 Department of Human Services, including on the Internet by
291	291	8 means of a hyperlink on the Department of Human Services'
292	292	9 "For Customers" website.
293	293	10 (4) Have the authority, with the Attorney General, to
294	294	11 verify that information provided by a facility is
295	295	12 accurate.
296	296	13 (5) Request a new report from any licensed facility
297	297	14 whenever it deems necessary.
298	298	15 (6) Include in the Office's Consumer Choice
299	299	16 Information Report for each type of licensed long term
300	300	17 care facility additional information on each licensed long
301	301	18 term care facility in the State of Illinois, including
302	302	19 information regarding each facility's compliance with the
303	303	20 relevant State and federal statutes, rules, and standards;
304	304	21 customer satisfaction surveys; and information generated
305	305	22 from quality measures developed by the Centers for
306	306	23 Medicare and Medicaid Services.
307	307	24 (d) Access and visitation rights.
308	308	25 (1) In accordance with subparagraphs (A) and (E) of
309	309	26 paragraph (3) of subsection (c) of Section 1819 and
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320	320	1 subparagraphs (A) and (E) of paragraph (3) of subsection
321	321	2 (c) of Section 1919 of the Social Security Act, as now or
322	322	3 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
323	323	4 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
324	324	5 Older Americans Act of 1965, as now or hereafter amended
325	325	6 (42 U.S.C. 3058f), a long term care facility, supportive
326	326	7 living facility, assisted living establishment, and shared
327	327	8 housing establishment must:
328	328	9 (i) permit immediate access to any resident,
329	329	10 regardless of age, by a designated ombudsman;
330	330	11 (ii) permit representatives of the Office, with
331	331	12 the permission of the resident, the resident's legal
332	332	13 representative, or the resident's legal guardian, to
333	333	14 examine and copy a resident's clinical and other
334	334	15 records, regardless of the age of the resident, and if
335	335	16 a resident is unable to consent to such review, and has
336	336	17 no legal guardian, permit representatives of the
337	337	18 Office appropriate access, as defined by the
338	338	19 Department, in consultation with the Office, in
339	339	20 administrative rules, to the resident's records; and
340	340	21 (iii) permit a representative of the Program to
341	341	22 communicate privately and without restriction with any
342	342	23 participant who consents to the communication
343	343	24 regardless of the consent of, or withholding of
344	344	25 consent by, a legal guardian or an agent named in a
345	345	26 power of attorney executed by the participant.
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356	356	1 (2) Each long term care facility, supportive living
357	357	2 facility, assisted living establishment, and shared
358	358	3 housing establishment, and State-operated developmental
359	359	4 center shall display, in multiple, conspicuous public
360	360	5 places within the facility accessible to both visitors and
361	361	6 residents and in an easily readable format, the address
362	362	7 and statewide toll-free telephone number of the Long Term
363	363	8 Care Ombudsman Program and the Internet web address of the
364	364	9 Long Term Care Ombudsman Program's website phone number of
365	365	10 the Office of the Long Term Care Ombudsman, in a manner
366	366	11 prescribed by the Office.
367	367	12 (3) Each long term care facility, supportive living
368	368	13 facility, assisted living establishment, shared housing
369	369	14 establishment, and State-operated developmental center
370	370	15 shall post on the home page of the facility's website the
371	371	16 statewide toll-free telephone number of the Long Term Care
372	372	17 Ombudsman Program and a link to the Long Term Care
373	373	18 Ombudsman Program's website. A facility:
374	374	19 (i) may comply with this paragraph by posting the
375	375	20 required information on the website of the facility's
376	376	21 parent company if the facility does not maintain a
377	377	22 unique website;
378	378	23 (ii) is not required to comply with this paragraph
379	379	24 if the establishment and any parent company do not
380	380	25 maintain a website; and
381	381	26 (iii) is not required to comply with this
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392	392	1 paragraph in instances where the parent company
393	393	2 operates in multiple states and the facility does not
394	394	3 maintain a unique website.
395	395	4 (e) Immunity. An ombudsman or any representative of the
396	396	5 Office participating in the good faith performance of his or
397	397	6 her official duties shall have immunity from any liability
398	398	7 (civil, criminal or otherwise) in any proceedings (civil,
399	399	8 criminal or otherwise) brought as a consequence of the
400	400	9 performance of his official duties.
401	401	10 (f) Business offenses.
402	402	11 (1) No person shall:
403	403	12 (i) Intentionally prevent, interfere with, or
404	404	13 attempt to impede in any way any representative of the
405	405	14 Office in the performance of his official duties under
406	406	15 this Act and the Older Americans Act of 1965; or
407	407	16 (ii) Intentionally retaliate, discriminate
408	408	17 against, or effect reprisals against any long term
409	409	18 care facility resident or employee for contacting or
410	410	19 providing information to any representative of the
411	411	20 Office.
412	412	21 (2) A violation of this Section is a business offense,
413	413	22 punishable by a fine not to exceed $501.
414	414	23 (3) The State Long Term Care Ombudsman shall notify
415	415	24 the State's Attorney of the county in which the long term
416	416	25 care facility, supportive living facility, or assisted
417	417	26 living or shared housing establishment is located, or the
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428	428	1 Attorney General, of any violations of this Section.
429	429	2 (g) Confidentiality of records and identities. The
430	430	3 Department shall establish procedures for the disclosure by
431	431	4 the State Ombudsman or the regional ombudsmen entities of
432	432	5 files maintained by the program. The procedures shall provide
433	433	6 that the files and records may be disclosed only at the
434	434	7 discretion of the State Long Term Care Ombudsman or the person
435	435	8 designated by the State Ombudsman to disclose the files and
436	436	9 records, and the procedures shall prohibit the disclosure of
437	437	10 the identity of any complainant, resident, participant,
438	438	11 witness, or employee of a long term care provider unless:
439	439	12 (1) the complainant, resident, participant, witness,
440	440	13 or employee of a long term care provider or his or her
441	441	14 legal representative consents to the disclosure and the
442	442	15 consent is in writing;
443	443	16 (2) the complainant, resident, participant, witness,
444	444	17 or employee of a long term care provider gives consent
445	445	18 orally; and the consent is documented contemporaneously in
446	446	19 writing in accordance with such requirements as the
447	447	20 Department shall establish; or
448	448	21 (3) the disclosure is required by court order.
449	449	22 (h) Legal representation. The Attorney General shall
450	450	23 provide legal representation to any representative of the
451	451	24 Office against whom suit or other legal action is brought in
452	452	25 connection with the performance of the representative's
453	453	26 official duties, in accordance with the State Employee
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464	464	1 Indemnification Act.
465	465	2 (i) Treatment by prayer and spiritual means. Nothing in
466	466	3 this Act shall be construed to authorize or require the
467	467	4 medical supervision, regulation or control of remedial care or
468	468	5 treatment of any resident in a long term care facility
469	469	6 operated exclusively by and for members or adherents of any
470	470	7 church or religious denomination the tenets and practices of
471	471	8 which include reliance solely upon spiritual means through
472	472	9 prayer for healing.
473	473	10 (j) The Long Term Care Ombudsman Fund is created as a
474	474	11 special fund in the State treasury to receive moneys for the
475	475	12 express purposes of this Section. All interest earned on
476	476	13 moneys in the fund shall be credited to the fund. Moneys
477	477	14 contained in the fund shall be used to support the purposes of
478	478	15 this Section.
479	479	16 (k) Each Regional Ombudsman may, in accordance with rules
480	480	17 promulgated by the Office, establish a multi-disciplinary team
481	481	18 to act in an advisory role for the purpose of providing
482	482	19 professional knowledge and expertise in handling complex
483	483	20 abuse, neglect, and advocacy issues involving participants.
484	484	21 Each multi-disciplinary team may consist of one or more
485	485	22 volunteer representatives from any combination of at least 7
486	486	23 members from the following professions: banking or finance;
487	487	24 disability care; health care; pharmacology; law; law
488	488	25 enforcement; emergency responder; mental health care; clergy;
489	489	26 coroner or medical examiner; substance abuse; domestic
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